race discrimination

Indian Tech Workers Exploited by Brokers: Wage Theft and Abuse

November 11, 2014 | by Nassiri Law

A recent report has exposed the myriad abuses committed against Indian high-tech workers employed by American companies. According to The Guardian, brokers have “hijacked” the professional visa program, creating a system of “bondage” resulting in wage theft and other abuses against Indian workers. Many workers who have quit or tried to leave the system have even been sued by the brokerage companies. In the United States, professionals can obtain a temporary visa to work for companies who are seeking “uniquely talented employees” for specific jobs. In the tech market, labor brokers will often sponsor the visas and contract out employees to tech companies and government agencies.

The workers are specifically trained and offer special skills in building databases, testing software and other high-tech projects. Critics of this indentured service-like arrangement for high-tech workers have pointed out that workers are exploited through humiliation, intimidation and other legal threats. In some cases, Indian workers have been sued for upwards of $50,000, just for trying to leave the company. The firms are also capitalizing on workers’ hopes for achieving the American Dream and finding permanent employment in the U.S.

Workers who obtain an H-1B visa through a brokerage firm are forced to comply with illegal working conditions, and are threatened if they report abuses. Based on government and external reports, there have been thousands of documents filed that evidence intimidation, restrictions on employment contracts, and other legal loopholes that deprive workers of their rights. According to The Guardian, there has been at least $29.7 million illegally withheld from 4,400 tech workers between 2000 and 2013. The numbers are alarming considering they barely scratch the surface in identifying wage theft that may have occurred in other firms and underground financial arrangements.

CA Discrimination Watchdog Group Ends “English Only” Claims Policy

September 26, 2014 | by Nassiri Law

Non-English speaking Americans and immigrants may face a host of difficulties when seeking jobs, obtaining employment, or when filing complaints or claims related to discrimination. According to local reports, the California Department of Fair Employment and Housing has finally ended a policy that prohibited non-English speakers from filing claims. The prior policy has been blamed for chilling state-employee discrimination claims, leaving workers vulnerable and unable to seek recourse. The department director made an announcement earlier this month with other department consultants who are responsible for investigating discrimination in housing, disability, and in the workplace.

Two years ago, the department had implemented an English-only computer system that required any claimant (even those without English speaking abilities or without knowledge of discrimination law), to build their own case online and in English. The automated system produced a host of issues and challenges when sorting through allegations, making it more difficult and complicated for legitimate claims to succeed. Our Orange County employment discrimination attorneys are dedicated to investigating allegations of discrimination and helping employees recover the compensation they are entitled to.

The new program will still be paperless, however, claimants will have the option of working with a consultant. According to previous complaints, there wasn’t sufficient time to investigate claims and the system created disparities for non-English speakers. With budget cuts and a shrinking staff, the agency was required to find loopholes to manage the volume of claims. Unfortunately, the automated “Houdini” system cut corners that created significant hurdles for claimants. The system automated many functions that were time-intensive and quickly determined that some claims did not require action.

Police Brutality and Race Discrimination in Officer Hiring

September 17, 2014 | by Nassiri Law

After the recent events in Ferguson, local, state, and federal law enforcement agencies are being forced to examine internal practices and policies that may be prejudicial. Discrimination in officer hiring could play into police brutality, racial profiling, and other complications involving discrimination by law enforcement. According to a recent analysis of Census Bureau data, blacks and Hispanics are disproportionately underrepresented in police departments. In California, Hispanics suffer from disproportionate hiring more than African Americans.

Racial discrimination in hiring practices is illegal and for police and law enforcement agencies, the results can impact the entire community. Our Orange County race discrimination attorneys are dedicated to providing strategic and supportive advocacy to raise awareness and prevent discrimination in the workplace. In addition to representing our clients, we are also committed to raising awareness to prevent future abuses and discrimination in California and nationwide.

In Anaheim, the population is more than 50% Hispanic, yet the police force is made up of only 23% Hispanics. In addition to the potentially discriminatory hiring practices, communities with disproportionate hiring may also find it more challenging to get help when they need it most. According to Anaheim authorities, the city is looking to review its budges and practices, as well as police shooting records and to improve relations between the community and law enforcement.

Chino Company Pays $92,000 to Settle Retaliation Claim

September 1, 2014 | by Nassiri Law

The U.S. Equal Employment Opportunity Commission (EEOC) filed a retaliation lawsuit against a manufacturer based in Chino, alleging unlawful action against two employees. According to reports, the manufacturing company agreed to pay $92,500 to settle the retaliation claim. The EEOC prohibits discrimination and will take action against liable employers in the event of a violation. In this case, the EEOC decided to file a lawsuit after it had specific and sufficient evidence of unlawful retaliation. The lawsuit involves two manufacturing employees who were terminated after they reported illegal discrimination in the company.

Retaliation is any adverse employment consequences, including demotion or termination, for reporting employer misconduct. An employee could suffer from retaliation for reporting sexual harassment or discrimination, filing a workers’ compensation claim, or requesting “reasonable accommodation” under disability law. Any adverse action taken for reporting misconduct could be considered retaliation. Our Orange County racial discrimination attorneys are dedicated to protecting the rights of employees and in taking legal action against unlawful companies and employers. We will take the time to review your case, identify your options, and advocate on your behalf through negotiation and settlement, or trial and verdict.

According to the EEOC, Bertolini Corporation is a stackable chair manufacturer based in Chino. The company took retaliatory measures by firing a maintenance mechanic and a human resources assistant after they reported illegal misconduct in the workplace. According to the EEOC complaint, the California based company fired both employees for complaining about unlawful discrimination. Retaliatory action for reporting discrimination and misconduct is a violation of the Civil Rights Act. The EEOC filed a lawsuit in the U.S. District Court in Tennessee after an attempt to reach a settlement through the conciliation process.

$1.13 Million Verdict for Ecuadorian Engineer in Discrimination Lawsuit

August 26, 2014 | by Nassiri Law

The numerical value of a settlement or verdict in a discrimination lawsuit can vary widely. Damages will often incorporate lost wages, emotional distress, and other personal or financial losses related to the discrimination. In one recent case, a Santa Barbara jury awarded a plaintiff from Ecuador $1.13 million in his discrimination lawsuit against Teledyne Reson Inc. The verdict was handed down three years after the lawsuit was filed and three weeks after a jury trial. According to reports and statements from the EEOC, the victim was finally vindicated after being terminated without warning in 2011.

The discrimination case arose after the victim reported that he was underpaid, unfairly denied promotions and misled by executives. When he was ultimately terminated without explanation, the engineer and victim sought legal recourse. Our Orange County race discrimination attorneys understand the complex nature of employment disputes and will explore every opportunity to protect the rights of our clients. When you have suffered illegal misconduct in the workplace, it is important to consult with an experienced advocate who can effectively protect your rights and achieve optimal results in your case.

In this case, the plaintiff was an engineer who held a master’s degree and a Ph.D. in engineering. Formerly a professor at Santa Barbara City College, he was hired by the Denmark company Reson in 1992. The company grew over the 20-plus years of his employment until it finally merged with Teledyne technologies in 2013. An attorney for the plaintiff argued that there was rampant discrimination in the company and at the executive level, actively favoring less qualified Danish employees over more senior and qualified members of the staff. Within the company there was an understanding that those who had Danish passports would never be terminated regardless of how they performed.

Clerk Files Discrimination Case Against L.A. Law Firm

August 13, 2014 | by Nassiri Law

Discrimination claims can arise in any industry or career field—even in businesses where leaders should know and follow the law. In a recent case, a law clerk who worked for a Los Angeles personal injury law firm filed a discrimination claim alleging racial and sexual orientation discrimination. The law firm subsequently urged the court to review and dismiss the clerk’s employment lawsuit on summary judgment. The judge denied the law firm-defendant’s motion to dismiss. The challenging case underscores the reality of discrimination in the workplace and the need for informed and strategic advocacy when up against formidable defendants.

The California Fair Employment and Housing Act prevents discrimination based on race and sexual orientation. Our Orange County race discrimination attorneys are dedicated to protecting the rights of our clients and in raising awareness to prevent discrimination in the workplace. We understand the complicated and sensitive nature of these cases and will handle every detail with compassion and discretion. When you have suffered from discrimination, it is important to have an experienced advocate review your case before making any important legal or employment decisions. In addition to protecting your reputation and future career opportunities, you may be entitled to additional compensation.

According to the defense, the discrimination claim fails because the defendant cannot prove his adverse employment action was a result of discrimination. The law firm’s defense is that the employee was terminated simply because he lied about his reasons for missing work. Representatives for the firm went on to say that they have the right to hate an employee, and the right to terminate that employee, even if the reason is that they hate him. The complaint was filed in July of 2013 and targets one partner specifically who allegedly used offensive racial slurs for African Americans, Hispanics, gays, lesbians, women, and disabled people. Currently, the law firm has offices in San Diego and Beverly Hills and represents plaintiffs in cases involving personal injury and wrongful death, labor law, and workers’ compensation.

Racial Discrimination Claims Filed Against Chipotle

August 3, 2014 | by Nassiri Law

Employees are often forced to take legal action after they have been abused and exploited—many times in more than one way. In a lawsuit that was filed in May, a Chipotle manager is taking on the national chain for alleged abuses including racial discrimination and wage and hour violations. The plaintiff is also the class representative for a class-action lawsuit alleging a variety of labor law violations.

According to the complaint, the plaintiff worked at two Chipotle restaurants in San Luis Obispo for almost four years. She had been promoted to manager at the time of her termination in August 2013. The complaint alleges numerous acts of discrimination by her former supervisor. Our Los Angeles race discrimination attorneys are dedicated to protecting the rights of employees throughout California. If you believe that you have suffered from any form of discrimination, it is important to consult with an experienced advocate who can protect your rights. Victims of discrimination may be entitled to significant compensation.

The lawsuit states that the manager and plaintiff, who is African-American, suffered from daily harassment. She was requesting timely breaks when her manager told her to transfer to another location because she was black. When she reported one of the incidents to another manager, it was excused and no internal action was taken. The plaintiff is seeking general damages, lost wages and attorneys’ fees for her losses.

Chapman University Settles Racial Discrimination Lawsuit

July 15, 2014 | by Nassiri Law

Discrimination cases can be complicated and victims may not know what steps to take to protect their rights. A Chapman University professor has succeeded in recovering a settlement over allegations of racial discrimination. According to reports, the university agreed to pay $75,000 to the professor who claimed she was denied tenure because she was black. Though the university has denied any wrongdoing, the settlement also requires that it take steps to prevent future discrimination.

The EEOC announced in September of 2010 that it would pursue a case against Chapman on behalf of the professor. The settlement comes after two years of litigation. Our Orange County racial discrimination attorneys are dedicated to protecting our clients. We understand the sensitive nature of these cases and will explore every available opportunity to protect the rights of workers throughout California. As leading employment law attorneys, we are also abreast of legal developments and issues that may be relevant to other individuals who have suffered from discrimination.

According to the complaint, the professor had been hired in 2001 and applied for a tenure and promotion from assistant professor to associated professor in 2006. Given her education and positive recommendations from peers, students and superiors, the tenure position was not out of the question. The professor’s tenure was denied and she was discharged from her assistant professor position in 2008. After investigating the allegations of racial discrimination, the EEOC announced that it would file a suit in the U.S. District Court for the Central District of California. The lawsuit alleged that the professor was unfairly and illegally denied tenure and promotion because of her race.

SCA 5 Abolishes Californians’ Civil Rights

April 6, 2014 | by Nassiri Law

California could set race discrimination laws back significantly if a new bill is passed. The proposed bill is Senate Constitutional Amendment 5 (SCA 5) would overturn the previously passed initiative known as Proposition 209. Proposition 209 was said to abolish discrimination in public education. Opponents of the measure state that the proposed Senate Constitutional Amendment could essentially take the Civil Rights Movement back to a time when race determined success.

A consultation with an experienced Costa Mesa employment lawyer could help determine if you’ve been illegally discriminated against because of your race.

Proposition 209, or the California Civil Rights Initiative, was passed in 1996 when voters across California declared that they had enough of discrimination in the public school systems. Since that declaration and the passing of Proposition 209, there has been a 150 percent increase in enrollment, and a 100 percent increase in graduation rates among minorities. For California students, Proposition 209 gave them a chance to reach new opportunities and better the lives of families across the state.

Added Training Reduces Employment Discrimination Claims

March 27, 2014 | by Nassiri Law

In the president’s budget for fiscal year 2015 he has promised that more money will be invested in the training of federal employees. The goal is to provide more and better training so that workers can improve upon existing skills.

Our Costa Mesa employment lawyers know this decision may help a lot of workers but it could also reduce the number of retaliation and discrimination complaint filed against the government, even if it does not reduce incidents of discrimination.

As part of the new budget plan, the Office of Personnel Management would receive more funding to create a better program for new senior executive service workers. In addition, the administration stated that it is cooperating with labor groups to improve hiring and exploring new ways to retain and recruit individuals with the talents and skills necessary to excel in the workplace.